Vetoed by Governor Arnold Schwarzenegger

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that provides agricultural employees with the ability to bypass the traditional ballot booth election process when selecting representation for collective bargaining purposes through a mediation election, in which an independent mediator oversees a representative election to permit a bargaining unit to either select a labor organization as its representative without holding a ballot booth election or choose to hold a ballot booth election.

Highlights:

- Requires employees to mail or deliver their ballots to the Agricultural Labor Relations Board within five days of the petition being filed to hold a mediated election [sec. 9 (1156.353) (b)]. - Requires the mediator to dismiss the petition for a mediated election if less than 50 percent of the total eligible electorate submitted a ballot. If 50 percent or more the eligible electorate submitted a ballot, then the mediator will proceed to manually count each ballot and submit the results to board [sec. 9 (1156.355) (a)]. - Requires the board to maintain the confidentiality of the employee name on the mediated election ballot in the same manner as a ballot booth election [sec. 9 (1156.355) (b)]. - Requires the board to certify the labor organization as the official representative for collective bargaining purposes if more than 50 percent of eligible employees voted for representation [sec. 9 (1156.356) (a) (1)]. - Requires the board to order that a ballot booth election be conducted if more than 50 percent of eligible employees vote for a ballot booth election [sec. 9 (1156.356) (a) (2)]. - Requires the board to dismiss the petition for a mediated election if neither option on the ballot received more than 50 percent of the vote [sec. 9 (1156.356) (a) (3)]. - Allows the board to impose a fine of up to $20,000 for each time an employer interferes with, restrains, coerces, or discriminates against agricultural employees while they are seeking representation by a labor organization [sec. 17 (c)].

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that provides agricultural employees with the ability to bypass the traditional ballot booth election process when selecting representation for collective bargaining purposes through a mediation election, in which an independent mediator oversees a representative election to permit a bargaining unit to either select a labor organization as its representative without holding a ballot booth election or choose to hold a ballot booth election.

Highlights:

- Requires employees to mail or deliver their ballots to the Agricultural Labor Relations Board within five days of the petition being filed to hold a mediated election [sec. 9 (1156.353) (b)]. - Requires the mediator to dismiss the petition for a mediated election if less than 50 percent of the total eligible electorate submitted a ballot. If 50 percent or more the eligible electorate submitted a ballot, then the mediator will proceed to manually count each ballot and submit the results to board [sec. 9 (1156.355) (a)]. - Requires the board to maintain the confidentiality of the employee name on the mediated election ballot in the same manner as a ballot booth election [sec. 9 (1156.355) (b)]. - Requires the board to certify the labor organization as the official representative for collective bargaining purposes if more than 50 percent of eligible employees voted for representation [sec. 9 (1156.356) (a) (1)]. - Requires the board to order that a ballot booth election be conducted if more than 50 percent of eligible employees vote for a ballot booth election [sec. 9 (1156.356) (a) (2)]. - Requires the board to dismiss the petition for a mediated election if neither option on the ballot received more than 50 percent of the vote [sec. 9 (1156.356) (a) (3)]. - Allows the board to impose a fine of up to $20,000 for each time an employer interferes with, restrains, coerces, or discriminates against agricultural employees while they are seeking representation by a labor organization [sec. 17 (c)].

Full Bill Text